Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-07-16
ANTI-SLICKENS DEGREES.
WBAT is BEING DONE FOR THEIR
ENFORCEMENT.
An Interesting Interview with United
States District Attorney Carey
upon the Subject.

interview, NHlCu VIII pe leou VIII IhtSl CSt
by citizens throughout the Sacramento val
ley The conversation commenced by the
reporter asking General Carey, have you
brought any suits in the name of the
United States to enioin hydraulic min
ing?'"
General Carey-I don't desire, owing to
the present status of the question, to detail
any facts in regard to this matter to the
public at this juncture.
Reporter General, the public has a
right to know what you are doing in the
premises.
Gen. C.-True enough. | am fulfilling
my trust to the best of my judgment in
reference to this matter, as in all other Off
cial duties, and l am willing to abide the
candid verdict of my people when a more
opportune time offers for them to know all
of the facts.
Reptile records of the United States
Court, find upon examination, show that
you have not commenced any suits, and it
is charged shat you sympathize with the
miners and will not do anything that
would in any way be detrimental to their
interests.
Gen. CT am not the first official who
has been charged with dereliction of duty,
nor whose motives and sympathies have
been misjudged, especially by those who
wish to believe that way and to impress
others with the same belief. Were my
official duties in conflict with my private
interests l should do one of two things,
either perform that duty, or resign. Ny
private interests are in full harmony with
the Anti-Debris Associations. All nv
property interests are in that district of
country directly injured by the flow of
slickens. Ny every private interest and
motive conspires to influence my official
acts to please the most enthusiastic anti
debris citizen. l fear, however, my official
relations and duty to this question are not
understood.
Rep.-To what do you refer by the latter
remark.
Gen. C.-Well, first you must know that
| am a subordinate officer and in many
things have no independence either of
policy or action. Again, | am the repre-
sentative of the Department of Justice
only, which department, as such, is not
charged with any duty in the premises
only as required by the Department
War, which IS specially clothed with a
discretion rather than duty TO bring suits
to satisfy itself that hydraulic mining,
hurtful to the navigability of the Sacra-
mento, Feather and San joaquin rivers.
has ceased.
Rep-General, has not the War Depart
ment already requested the Department of
Justice to bring suits.
Gen. Cit has, without furnishing facts
or details upon which to base a suit or
suits or rather, with the request YOU speak
of no facts were furnished. At this stage
of the proceedings / assumed the duties of
TTri cd Sfafa a 60 y
at once, and several times since nv in
cumbency, have applied for data upon
which to base suits. In February Captain
Payson placed before me report made BY
Mr.. Bassett, duly appointed to that
end, covering some mines operated on
Bear river. Before receiving this report,
and while the data was being gathered, |
had matured a plan of action that in nv
judgment would have made ashort and de-
cisiye contest. and have effectually stopped
hydraulic mining hurtful to the naviga-
bility of the rivers mentioned. Having
an abiding confidence in the plan, and
every reason to believe it would be adopted
By the honorable Secretary of War, l did
not bring the suits Oh the Bsssett report
because it would have prejudiced my plans
and possibly have defeated them. How
ever, | wrote my views and made certain
requests through my own department to
the honorable Secretary of War. This let
ter was written on the 21st day of Febru-
airy last. In that communication to the
Secretary of the War Department | in
cluded a history of the litigation pend
ing in the State and Federal Courts. as
far as l was able to ascertain il
| from Boards of Supervisors, anti-debris as
sociations and prominent individuals in
that movement. Ny purpose was to put
Of fill II
the facts so that he might the better under
stand and appreciate my suggestions as to
the best course to be pursued. l have, in
order that | might have the benefit of the
judgment of Others communicated the
suggestions contained in the letter referred
to, to certain discreet gentlemen, promi-
nent in the anti-debris movement, each OF
whom fully concurred with nv views and
expressed themselves as in the full belief
that if they were adopted and carried out,
it would effectually stop hydraulic
mining hurtful to the navigability of the
rivers named. 1t is due to those gentle
men to state, however, that they insisted
upon immediate action. AS the law officer
of the Government, while my interest
might dictate otherwise, l do not consider
it my privilege to use the name of the
United States in suits to afford relief 10
private citizens for private injuries, and as
| understand the position taken by the
heads OF the departments of Government,
| 1t is not their purpose to eschew the cause
of one interest as against another. But |
do understand that the departments
| fully appreciate the duty devolving
| upon the Government to protect the nav
| liability of her rivers, and that hydraulic
mining hurtful TO navigation must cease.
This duty has by Act of Congress been
II. a..
The Department of Justice must then upon
its request bring such suits as ii directs,
| upon information furnished oy it, or by
such agencies as it may choose. have re-
Ques.ed data o be furnished me. All that |
have before me relates 10 few unimportant
mines upon Bear river, which is meager
and insufficient upon which to base a suit.
| advised the Department of War of this
| fact, and repeated my request for more data
several times. l further urged that | was
being censured for inaction, and that some
thing should be done. | am recently in
receipt of advices and instructions from
the Attorney General " to take such steps as
| the facts already presented to me may war
rant, with the sanction and cooperation of
the proper officer of the, War Department,
and to institute proceedings in such cases
| only as may be indicated for that purpose, y
which l shall cheerfully do.
Rep.-Then | am to understand from
this that you can only bring such suits as
the War Department through its proper
officer may direct?
Gen. C.-The instruction is incapable OF
any Other construction and understanding
the relations of the Departments, one to
the other, and the duties and privileges of
the Department of Justice, as l believe l
do no other position would be proper.
The United States District Attorney can
bring suits in the name of the United
States only in such cases as authorized by
direct provision of law, or upon request OF
those officers authorized by law to institute
suits. Any other rule would be an absurd
one aud lead to many abuses. These are
matters iurisdictional; unless they exist the
Court in which suit might be instituted
would dismiss 1t summarily. The De-
partment requesting suit to be brought
must, as an incident, furnish the data upon
which to base the suit. The Secretary of
War is authorized to institute suits in this
matter and is furnished the means where
with to gather the necessary information.
Rep.-Have you not been importuned
to bring suits upon such data as you have
| by prominent citizens and declined to do it?
Gen. CT must confess that l have.
II has been thought by gentlemen promi-